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Archive for June, 2013

.. ObamaCrapCare [O.C.C.] is an amazingly bureaucratic , colossally overpriced , fraudulently sold piece of legislative junk . It will cost a ton of money to deal with it . Oklahoma attorney general Scott Pruitt has found a rather unique way to do it : call a halt to the Obamacare project : Hold the federal government to the letter of that misbegotten law . His fight is a lonely one : While a majority of states signed on to the 2010 lawsuit opposing Obamacare on constitutional grounds, Oklahoma is standing largely alone today.

.. Oklahoma should not be by itself . The Pruitt v HHS [tax credits] Amended Complaint (File Stamped) seeks to spend tax dollars and levy taxes without authorization from Congress . It speaks to a fundamental issue. Simply put, the executive cannot will into being a tax that Congress has not created through legislation because it suits the president and his party to do so.

.. OCC contains an assortment of carrots and sticks , namely the subsidies and the mandates . The important ones here are the employer taxes . They are triggered when employees use the tax credit, and in some cases the individual taxes are triggered when the credit is available to them .

.. The thing is , the tax credits apply ONLY to those using exchanges created by the states. The federal government can create its own exchanges within states ; however, it has no authority under the law to use them to offer subsidies and inflict the accompanying taxes.

.. With all of the political and legal fightback , there have been unforseen consequences . The Supreme Court decision in NFIB v Sebelius gave the states the option to opt out of the expansion of Medicaid . That would put the added load of new enrollees on the feds (ha!ha!) . There was an unforeseen development — states have refused to create those exchanges , Oklahoma among them . If a state ‘ s residents are not eligible for exchange subsidies , then its employers are not subject to the associated punitive tax .

.. This was not a drafting error in the OCC bill . It was done intentionally . The drafters figured the states would eventually be forced to go along with the exchanges , like it or not , because of the Medicaid expansion . The Supreme Court decision has given the states an out . Whoops . The next boo – boo was from a little – known , but now famous research paper . It was written by Professor Jonathan Adler (of Case – Western Reserve University , in Cleveland , Ohio) and his friend Micheal F. Cannon , a resident scholar at the CATO Institute . They caught the loophole that the drafters left , intentionally , in the legislation . The law is explicitly written to deny subsidies to states that refuse to create exchanges .

.. The president and congressional Democrats ended up making a colossal blunder , especially from the Adler – Cannon paper . It gave the states an opening that nobody realized was there . They found it . The ObamaCraps simply failed to anticipate that the majority of states would refuse to create exchanges.

.. The federales are acting beyond the scope of the legislation by offering the subsidies in states that have not set up exchanges . They have no legal or constitutional authority to do so . They are inflicting tax penalties on individuals and employers that go beyond even what Obamacare allows . But the ObamaCraps , demonstrating their habitually cavalier disregard for the rule of law , is proceeding as though it has the legal right to offer subsidies and impose penalties in states that have refused to create exchanges . That the law does not give the administration that right apparently is of little concern at the ObamCrap White House .

.. One would think , right now , a fight back against the OC ‘ s illegal use of the IRS to punish those who refuse to go along with the O.C.C. agenda would produce a very full political bandwagon . Yet , there are Republican governors who have pronounced themselves opposed to OCC , and yet have knuckled under to the expansion of Medicaid . Stopping the IRS from imposing taxes where it has no legal power to do so should in fact be a popular issue , regardless of one ‘ s opinions about OCC itself . Scott Pruitt is fighting for the rule of law , and Republican governors might trouble themselves to give him a hand .

.. (CNSNews.com) – The covert mining of data from the world’s major Internet firms provides invaluable intelligence information and deliberately targets only “non-U.S. persons,” Director of National IntelligenceJames Clapper said late Thursday. His statement implicitly acknowledged that this was not necessarily watertight , however, as Clapper also said measures were taken to minimize the collection or distribution of any information about “U.S. persons” that may be “incidentally acquired.”

.. The reports came on the heels of an earlier one, also by the Guardian, disclosing that the NSA has been collecting data about regular phone calls made by millions of Americans.

… my thoughts …

.. I can understand a lot . The basic premise of data mining , I know that I understand . But there is a certain point at which our civil liberties begin to be compromised . Have we reached that point ? I do not know ? But we are getting there .

.. get Tom Donilon out of the N.S.C. . Donilon was a total screw – up and a political hack . Pat Caddell , who knows him well , suspects him of being a notorious leaker (i.e. Stuxnet , Flame) . Guess what , he is right !

.. get Samantha Power out of the N.S.C. . Power is an infamous loonie leftie . She is , worse , a hate – America firster , with a Western European attitude towards our own country .

.. buy her silence . Rice perpetrated a fraud on the country , and the ObamaCraps know it . She knows who diddled around with the talking points , and why . She likely knows what the subjects and discussion of the phone call(s) between Hicks and Clinton (at 8pm , on 09/11/2012) , and Obama and Clinton (@ 10pm , same day) . It perpetrated a fraud that helped Obama win an election .

.. She may be subpoenaed before Congress , anyway . Normally , folks at the White House , especially in the Executive Office of the President , are not subject to being subpoenaed to testify before Congress . Also , when they do , they do not do so under oath . Principally , this is due to separation – of – powers issues between the branches .

However , Rice was U.N. Ambassador at the time . I believe that she can be called to testify . Better yet , she will be called , under subpoena , with one hell of a legal battle , to be played out in court . It is a battle of wills , in this case , that the ObamaCraps will lose .

.. Tom Donilon , the master leaker and political hack , out . Susan Rice , from the UN to the NSC . Samantha Power , a longtime veteran leftwing loon anarchist , from the depts of the NSC , to be our U. S. Ambassador to the U. N. .

Power will replace Susan Rice, who will take over as Obama’s national security adviser. The official says Obama will announce both appointments from the White House Wednesday afternoon.

Power is a longtime Obama adviser who worked on his 2008 presidential campaign and ran the human rights office in the White House. She left the administration in February but was considered the favorite to replace Rice at the U.N.

The official insisted on anonymity in order to confirm the appointment before it was publicly announced.

WASHINGTON (AP) – President Barack Obama’s top national security adviser Tom Donilon is resigning . He will be replaced by U.S. ambassador to the United Nations Susan Rice , marking a significant shakeup to the White House foreign policy team. A White House official confirmed the personnel changes Wednesday morning ahead of a planned announcement by the president later in the day.

Donilon has been a key foreign policy adviser to Obama since he first took office. But the 58-year-old had been expected to depart sometime this year, with Rice seen as the likely candidate to replace him. Rice, a close Obama confidante, came under withering criticism from Republicans as part of the investigations into the deadly attack on a U.S. compound in Benghazi, Libya. Rice, relying on talking points from the intelligence community, said in television interviews that the attacks were likely spontaneous, which was later proven incorrect. Obama considered nominating Rice as his second-term secretary of state, but she withdrew amid the GOP criticism, saying she didn’t want her confirmation fight to be a distraction for the White House. Her new post as national security adviser does not require Senate confirmation. The White House official said Donilon is expected to stay on the job until early July, after Obama wraps up two overseas trips and a summit later this week with Chinese President Xi Jinping. The official insisted on anonymity in order to discuss the personnel changes before they were publicly announced.

… and the reaction , from a video clip , from RealClearPolitics …

..JAMES CARVILLE : ” My guess is that he wanted her to be Secretary of State , and he felt like she kind of got railroaded there and this is kind of in your face

appointment, but he obviously thinks a great deal of Ambassador Rice. Like I say , he wanted her to be Secretary of State. She’s not confirmable and it ‘ s like a message that he’s going to stick by. He views her as a competent person and probably as a friend of his. You know, I think it’s an in your face appointment and he feels good about making it . ”

… James McDermott is a member of Congress . He became infamous for his prewar trip to Iraq over a decade ago . Ergo , the tag line ” Baghdad Jim ” . Also , he is the only Dem in either chamber of Congress who is a doctor , albeit a “shrink.” Yeech !

… His conduct is abmoninable . Why the citizens of Washington State keep electing this creep back to Congress is beyond me . I saw some of the testimony this afternoon in front of the House Ways & Means (tax revenue / tax code writing) committee . What was done to them was waaaay beyond the pale . That was what the I.R.S. did to them . What the minority Dems did was worse .

.. Those social – welfare organizations are there for a reason . They are given a wide berth , and a great deal of latitude in what they stand for , and what they want to accomplish . Sometimes , these groups get up to the borderline of blatant electioneering , which is a no – no . However , where things are debatable , one should find in favour of the 1st Amendment , and free speech . Also , in favour of the Constitution and the 1st Amendment , where it comes to free organization and the redress of grievances .

.. These groups can be political . Politics is the nature of our system . It is the lifeblood of our democracy . We should be encouraging it , not discouraging it . We should be enabling groups to form , and gain tax – exempt status . No matter what their viewpoint . And , Jimmy Boy , not harassing them because they came forward to testify about what the Infernal Service did to them .

.. Also , dumb – dumb , get better preparation before their hearing . They are seeking to keep their own money . They are also pooling it together , as a group , in order to work together for common goals and interests . As long as they are not blatantly electioneering , O.K. . They are not receiving a tax benefit . They are also receiving their privacy . From US Supreme Court precedent , contributor lists to these groups are private . The Government may not have them .

.. There is a more modern reason . In the Internet Age , it is a great deal easier for folks to search for who contributes to what cause and to what candidate . It has opened up , unfortunately , a large can of worms . Interest groups on different sides of issues are retaliating against contributors on the other side(s) of issue(s) . They are intimidating them , trying to scare them off , now , and in the future . Wrong move , and wrong idea .

[-] 501 c(4) status — this is the status that most groups were seeking . It allows them to organize as a non – profit . No taxation , but no tax deduction for contributions . Also , contributor lists are protected . more freedom of action for what one can do …

.. and the ObamaCraps are classics . They take , and they take , and they take , and they do not give back . People who help them expect

Guess Who ?

some kind of payoff . Of one form or another . And , they do not get . Then , eventually , there are problems .

.. Schmoozing is not something that comes easy . Some folks can do it with ease . Others find it very difficult . The ObamaCraps are worse . They do not do it at all . Bill Clinton is a classic . Even with his well – known peccadillios , he has worked at healing his reputation , once he left the Presidency . He is one of the best schmoozers that there is in American politics . His endorsement is golden .

.. Not paying Bill Clinton off is a real bad idea . He will never be confused with being a Boy Scout . He is also not the Devil . Many conservatives have never forgotten him , or forgiven him , but now , his sins are not quite that a big deal . Unless You-Know-Who runs for the Big Job . Pay the Man , it is smart politics .

.. Wilhelm Der Fibmister is no genius at life . To be honest , he has really worked to rehabilitate his reputation . Also , more or less , he has also worked at his personal behaviour . A choirboy , he is not . A genius of a politician , however , he is . Pissing him off is a real bad idea .

.. The ObamaCraps have always felt entitled to things . No matter what , they act like royalty , expecting things to be given to them , without anything to be given in return . In American Politics , schmoozing is a part of the political game . If it is not an acquired skill , one can work at it , and learn it . It will not be easy . But it is necessary . Barack Obama (and Michelle) never learned .

.. the appointment in almost every state , save Oregon , is made by the Governor . Which means Governor Chris Christie [R-NJ] . Which presents the state , and Christie , with an interesting situation …

when is the special election ..

.. likely 2014 . Normally , the next general election is the Governor ‘ s election , this fall . However , it is the next FEDERAL general

Governor Chris Christie (R-NJ)

election to which this applies .So , who ever is appointed will not have to appear on a ballot for about 17 months .

Who makes the appointment ?

.. Christie .

How long does the new Senator serve ?

.. if there is more than two years left in the term , there is a special election held to fill out the remainder of the term . If there is less , then the appointee serves until the next general election for the seat .

Which is ? …

.. until the November election in 2014 , and once those results are certified . If the appointee does not run , the candidate who is elected immediately takes office .

Who ?

.. most likely , a Republican . Who knows ? I do not know New Jersey politics all that well , so a guess would be state Sen Thomas Kean , Jr (R) , the Lieutenant Governor , Kim Guadagno , or state Senator Joe Kyrillos (R) , a recent GOP candidate for the other Senate Seat

against now discredited Dem Robert Menendez .

.. I have to admit , that it might be possible that Governor Christie just might appoint Newark mayor and (D) Cory Booker to the seat . The odds are not good , but it is possible . New Jersey is a light Blue state , but a Republican can win there , including conservatives , provided they run smart races , and are well – financed . One thing about competing against Frankie Boy was that he was a hypocritical rich liberal . He derived much of his fortune from having helped found ADP , Inc . That , and the costs of dealing with the Dem machines in NJ counties , and also the New York City and Philadelphia media markets , make $$ a big necessity .

.. House Oversight Cmte Chairman Darrel Issa [R-Ca] should release the transcripts from the interviews with the I.R.S. employees . After an appropriate interval . Also , put them on PDF files , so that people can scan thru them .

.. All of them . Once they are ready for primetime , release them . Not in bits and pieces . Let the bloggers and the media have at it . It should make for some VERY interesting reading

.. An I.R.S. agent that is properly doing their job is enforcing our tax laws . They are doing so in an impartial and non – partisan matter . They execute plans that are set from much higher up , to carry out examinations and audits . They do not even , when needed , take a “Dump” without Guidance from higher ups . If you are not sure , a dump means check your “Six” when you go to the can .

.. I have represented people before the service . These people are thoroughly professional . They do not like to mess around . They generally do not like to waste time . If they are “messing around,” it usually means they have orders from much higher to do it . Generally , they do not do so .

.. I did not represent groups seeking 501c status . Remember , with this stuff , with so – called “social welfare” groups , political activities are permitted . It is blatant out – and – out electioneering (campaign activities) that are out-of-bounds. When a judgement is made , the judgement is supposed to made in favour of the 1st Amendment , and what they can do , instead of what they cannot .

.. When you seek this non – profit status , you should expect to answer questions . Also , expect to have to spend some money on accounting fees and legal fees , so that you do the job right . There are folks out there who specialize in this stuff . I did not . They can and will help you . No , they will not seek to run up their bills . Their job is to help you , not abuse you .

.. Sometimes , those questions are intrusive . I know , I saw them . What the Infernal Service has been doing with this stuff is far below the belt . It is beyond the pale of what should be asked . Ask the experts . The Government should bring its checkbook to settlement negotiations . And with it , a very generous balance .

.. These folks have had their civil rights violated . God willing , these people will be able to get and received justice . The Sekulows (father and Son) at the American Center for Law and Justice (the A.C.L.J.) are some of the very best in the business . The Landmark Legal Foundation is also another one . Keep it up , and keep going .

… Plouffe , or Fluff , as I prefer to call him is not doing his boss any good . Join the club . Jay Carney ‘ s credibility has been destroyed by all of these scandals going ka – blooey at the same time . He should resign . If not , then he should be fired . Plouffe should be silenced . Cheap shots from the Peanut Gallery do not help , and can hurt , especially when the opposition is royally pissed at you .